Order Instituting Rulemaking
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L/cdl Date of Issuance 11/13/2008 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA FILED Order Instituting Rulemaking To Revise PUBLIC UTILITIES COMMISSION and Clarify Commission Regulations NOVEMBER 6, 2008 Relating to the Safety of Electric Utility SAN FRANCISCO and Communications Infrastructure R.08-11-005 Provider Facilities. ORDER INSTITUTING RULEMAKING I. SUMMARY This Order Instituting Rulemaking is initiated to consider revising and clarifying the Commission’s regulations designed to protect the public from potential hazards, including fires, which may be caused from electric utility transmission or distribution lines or communications infrastructure providers’ facilities in proximity to the electric overhead transmission or distribution lines. The Commission's current General Orders 95, 128, and 165 are already designed to promote the safe operation of electric utility and communications infrastructure facilities, and provide the minimum safety requirements which the utilities are supposed to supplement with additional safety precautions when local conditions warrant. Nevertheless, as the devastating fires in Southern California during the last two years have shown, there may be potential problems associated with the electric utilities’ and communications infrastructure providers’ facilities, which may necessitate additional Commission safeguards. II. BACKGROUND Public utility services, such as those provided by electric utilities and communications utilities, are vital to California’s economy, our standard of living, 360439 1 R.08-11-005 L/cdl and the health and safety of California citizens.1 By the same token, under certain circumstances, these services can also pose significant dangers to the public. For this reason, various statutory provisions impose obligations on public utilities and require the Public Utilities Commission (Commission) to ensure that the public utilities’ services and facilities are provided in ways that protect the public. As part of the Commission’s efforts to ensure that electric utilities construct, maintain and operate their facilities in a manner so as to promote and safeguard the health and safety of their employees, customers and the general public, the Commission has imposed requirements upon electric utilities in its General Order (GO) 95 “RULES FOR OVERHEAD ELECTRIC LINE CONSTRUCTION,” GO 128 “RULES FOR CONSTRUCTION OF UNDERGROUND ELECTRIC SUPPLY AND COMMUNICATION SYSTEMS” and GO 165 “INSPECTION CYCLES FOR ELECTRIC DISTIBUTION FACILITIES.” Consistent with federal law and in order to promote communications infrastructure, communications utilities and cable companies (collectively “Communications Infrastructure Providers”) have been provided access to the electric utilities’ poles to attach their communications facilities. Therefore, with the facilities of the Communications Infrastructure Providers utilizing the same poles as electric utilities or otherwise near the wires of the electric utilities, certain safety requirements, such as clearance requirements, have been adopted which apply to the electric utilities and Communications Infrastructure Providers. The Commission’s GO 95, Rule 31.1 requires that electrical supply and communication systems must be designed and maintained to enable them to furnish safe, proper and adequate service. The specific requirements in GO 95 are minimum safety requirements, and Rule 31.1 also requires that those responsible 1 As used herein, the term “electric utilities” are California electrical corporations. The term “communications utilities” are California telephone corporations, such as local exchange carriers and wireless providers. 360439 2 R.08-11-005 L/cdl for the design, construction or maintenance of the communication or supply line equipment must take additional steps in accordance with accepted good practice for the given local conditions known at the time. In GO 95, Rule 31.2, the Commission has also required that the overhead lines must be inspected frequently and thoroughly for the purpose of ensuring that they are in good condition so as to conform to the Commission's rules. In Decision (D.) 07-02-030 the Commission adopted revisions to GO 95 establishing clearance and signage requirements on joint-use facilities for wireless antennas installed on jointly used poles. In D.08-10-017 (issued October 3, 2008), the Commission adopted revisions to GO 95 establishing uniform construction standards for attaching wireless antennas to jointly used poles and towers above the electric supply lines (pole-top antennas). The Commission is charged with ensuring that electric utilities and Communications Infrastructure Providers operating in California comply with the safety requirements in provisions of the Public Utilities Code and relevant laws and regulations, such as GOs 95 and 128. In addition, GO 165 also requires specific schedules for electric utilities to inspect their distribution facilities with patrol inspections every one to two years, and very detailed inspections every five years. In D.98-03-036, rehearing denied, D.98-10-059, the Commission applied the safety requirements in GOs 95, 128 and 165 to municipalities providing electric services, although it allowed certain exemptions. GO 165 does not currently apply to Communications Infrastructure Providers. The Commission’s staff in its Consumer Protection and Safety Division (CPSD): • Conduct quality control audits of the utilities’ inspections of their overhead and underground electric facilities and ensure compliance with GOs 95, 128 and 165. 360439 3 R.08-11-005 L/cdl • Investigate electric incidents involving public utilities subject to the Commission’s jurisdiction to determine the causes, verify compliance with relevant laws and regulations, including GOs 95, 128 and 165, and make recommendations to prevent similar accidents. • Respond to public and utility inquiries and requests for interpretations of GOs 95, 128 and 165. • Investigate public complaints related to compliance by public utilities with relevant laws and regulations, including GOs 95, 128 and 165. While performing these functions, the CPSD staff has determined that certain safety requirements may need modifications and/or clarifications. During the last two years, Southern California has experienced devastating fires. In October, 2007, there were fires in the San Diego area and Los Angeles area where the facilities of electric utilities and/or Communications Infrastructure Providers may have been contributing factors. In October, 2008 in the Los Angeles area, an electric distribution line may have contributed to a fire. Without determining in this proceeding the particular causes of these fires, in this OIR the Commission is proposing to identify some of the potential problems involving the practices and facilities of electric utilities or Communications Infrastructure Providers and to adopt additional requirements and clarifications, which may be necessary in order to further reduce the risk of hazards, including fires. The Commission and its CPSD staff have pending investigations into whether existing Commission regulations or statutory provisions may have been violated with regard to certain of the Southern California fires. Those issues will not be litigated in this OIR. In the CPSD’s September 2, 2008 report concerning the Guejito fire in the San Diego area in October, 2007, CPSD also specifically recommended that the Commission issue an OIR into whether or not 360439 4 R.08-11-005 L/cdl GO 165 requirements or similar maintenance and inspection requirements should be applied to all Communications Infrastructure Providers utilizing electric utility poles. On October 14, 2008, the Commission convened a public meeting in San Diego, in which members of the public provided information and concerns about the fires that took place, the potential threats of future fires and some of the remedial actions proposed by San Diego Gas and Electric Company. This OIR is being issued to review the current safety requirements and consider possible rule changes that may further reduce the hazards, particularly fire hazards, associated with the electric transmission and distribution facilities and communications facilities. A Notice of Availability of this OIR shall be served by mail on California electrical corporations and municipalities providing electric service, Communication Infrastructure Providers and other individuals or entities that have made their interest in the Commission’s GO 95 known to date. Therefore, this serves as a notice to all electric utilities, municipalities providing electric service and Communications Infrastructure Providers in California that the Commission may be affecting their interests by revising or clarifying its regulations and requirements. III. JURISDICTION GO 95, GO 128 and GO 165 are orders of the Commission setting forth rules and regulations for electric utilities operating and providing service in California. GO 95 and GO 128 also set forth Commission rules for Communications Infrastructure Providers. The rules are designed to protect the safety of the general public, electric utilities’ and Communications Infrastructure Providers’ customers and their employees. As required by the Public Utilities Code, “[e]very public utility shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities … as are 360439 5 R.08-11-005 L/cdl necessary to promote the safety, health, comfort, and convenience of its patrons,